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Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have signed a assured short hold tenancy agreement but have

Customer Question

I have signed a assured short hold tenancy agreement but have now changed my mind how do I get out of it ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you do the deal over the phone or did you go in and sign the agreement?

JACUSTOMER-nw8prgbf- : Signed agreement
Alex Watts :

Ok - its bad news I am afraid.

Alex Watts :

You have signed the contract. There is no cooling off period.

Alex Watts :

If both you and the Landlord has signed it, you are stuck with it.

Alex Watts :

If the Landlord has NOT signed it then you can withdraw your consent.

Alex Watts :

If you manage to do that, there is no agreement.

Alex Watts :

But the Landlord can't have signed it. If the landlord has you are stuck with the agreement.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-nw8prgbf- : What if the letting company have signed on behalf of the landlord, I only signed it Friday & have tried to make contact today ?
Alex Watts :

Then its a binding contract

Alex Watts :

I am sorry

Alex Watts :

But the agent must be authorised to sign on behalf of the Landlord

JACUSTOMER-nw8prgbf- : What are the obligations ? And can you negotiate
Alex Watts :

You can try and negotiate but they can say no

Alex Watts :

You both should carry out the contract

Alex Watts :

If it has been signed

Alex Watts :

You may be able to pay rent until a new tenant is found, that is possible

JACUSTOMER-nw8prgbf- : the agreement does not say it is fixed ? It also says under section 21 the tenant is required to give one month written notice on or prior to the 7th of any given month to terminate the tenancy to expire at the tenancy to expire at the end of the following month during the term of the periodic tenancy. .?
Alex Watts :

If its an AST as you have said it is for 6 months.

Alex Watts :

That is the contractual minimum period unless otherwise stated

JACUSTOMER-nw8prgbf- : Thanks on the front page it states 12 months but in the body of the contract it makes no reference to the term it is not very clear. What do you think we are best to offer .
Alex Watts :

I would offer 2 months.

Alex Watts :

But you are liable for a minimum of 6 months, that is an AST

JACUSTOMER-nw8prgbf- : thanks very much.
Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-nw8prgbf- : no you've been very helpful.
Alex Watts :

Great.Can I eh

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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